1. Home
  2. |Insights
  3. |Navy Pays Lost Profits For Misappropriating FSS Contractor's Data

Navy Pays Lost Profits For Misappropriating FSS Contractor's Data

Client Alert | less than 1 min read | 03.10.04

In Data Enterprises of the Northwest v. GSA, GSBCA No. 1560 (Feb. 4, 2004), the GSBCA determined that the Navy had breached its FSS contract with a supplier of commercial software when it used the contractor's proprietary software documentation and data dictionary to develop competing software. The board granted the contractor lost profits on contract sales of its commercial software that it would have made absent the breach, through 2006.

Insights

Client Alert | 6 min read | 11.26.25

From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors

Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003)....